`
`I hereby certify that this paper (along with any paper referred to as being attached
`or enctosed) is being transmitted via the Office elec
`nic filing system
`accordance with § 1.6(a)(4).
`,
`3’
`29
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`
`i
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`2’? ‘T
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`J
`K’ .f’iié»’€«”
`Dated: February 9, 2009
`
`ya
`,
`,1
`
`
`
`Signature:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of: Michael Tasler
`
`Group No.: 2184
`
`Serial No.:
`
`11/928,283
`
`Conf. No.: 7132
`
`Filed:
`
`August 24, 2006
`
`Examiner: C.K. Lee
`
`For:
`
`ANALOG DATA GENERATING AND
`PROCESSING DEVICE FOR USE WITH
`A PERSONAL COMPUTER
`
`Attorney
`Docket No.:
`
`31436/43995
`
`PRELIMINARY AMENDMENT
`
`MS Amendment
`
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`INTRODUCTORY COMMENTS
`
`Please enter this preliminary amendment prior to the examination of the aboVe—captioned
`
`application.
`
`Amendments to the Claims are reflected in the listing of claims which begins on page 2
`
`of this paper.
`
`Remarks/Arguments begin on page 12 of this paper.
`
`1
`
`Apple 1068
`1
`US. Pat. 8,504,746
`
`1
`
`Apple 1068
`U.S. Pat. 8,504,746
`
`
`
`Application No. l 1/928,283
`Preliminary Amendment
`February 9, 2009
`
`WE CLAIM:
`
`AMENDMENTS TO THE CLAIMS
`
`Docket No.: 31436/43995
`
`Please cancel claim 1 and add new claims 2-68 as noted hereinafter:
`
`l .
`
`2.
`
`(cancelled).
`
`(new) An analog data generating and processing device (ADGPD) for use with a
`
`personal computer (PC) having a multi-purpose interface (MP1) and at least one software driver,
`
`the ADGPD comprising:
`
`an i/o port designed to be operatively coupled to an MP1 of a PC;
`
`a program memory;
`
`a data storage memory;
`
`an ADGPD processor operatively coupled to the i/o port, the program memory
`
`and the data storage memory; and
`
`wherein the ADGPD processor is adapted to be involved in a data generation
`
`process by which at least one file of digitized analog data is stored in the data storage memory
`
`and to be involved in an automatic recognition process in which, after the i/o port has been
`
`operatively coupled to the MP1 of the PC, the ADGPD processor executes at least one instruction
`
`set stored in the program memory and thereby causes at least one parameter regarding the
`
`ADGPD’s ability to transfer files of digital data in response to commands issued from the at least
`
`one software driver to be automatically sent through the i/o port and to the MP1 of the PC
`
`without any type of user intervention at any time by means of the PC.
`
`3.
`
`(new) The ADGPD of claim 2, wherein the at least one parameter is consistent
`
`
`
`Application No. 1 l/928,283
`Preliminary Amendment
`February 9, 2009
`
`with the ADGPD being a mass storage device.
`
`4.
`
`(new) The ADGPD of claim 3,
`
`Docket No.: 31436/43995
`
`wherein the ADGPD processor and the program memory are configured to cause,
`
`after the at least one parameter has been sent to the i/o port, file allocation table information to be
`
`sent to the i/o port,
`
`wherein the ADGPD processor and the program memory are configured to cause
`
`a virtual boot sequence to be sent to the i/o port which includes at least information that is
`
`representative of a number of sectors of a storage disk, and
`
`wherein the file allocation table information includes at least a start location of a
`
`file allocation table.
`
`5.
`
`(new) The ADGPD of claim 4, wherein the at least one parameter is consistent
`
`with the ADGPD being adapted to operate in a manner consistent with a hard disk drive.
`
`6.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor is formed in a
`
`single chip.
`
`7.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor includes a single
`
`central processing unit.
`
`8.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor comprises a single
`
`microprocessor.
`
`9.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor comprises a single
`
`digital signal processor.
`
`10.
`
`(new) The ADGPD of claim 2, wherein the program memory is formed in a
`
`
`
`Application No. 11/928,283
`Preliminary Amendment
`February 9, 2009
`
`single chip.
`
`Docket No.: 31436/43995
`
`11.
`
`(new) The ADGPD of claim 2, wherein the program memory comprises a single
`
`memory device.
`
`12.
`
`(new) The ADGPD of claim 2, wherein the data storage memory comprises a
`
`single memory device.
`
`13.
`
`(new) The ADGPD of claim 2, wherein the at least one parameter is consistent
`
`with the ADGPD being responsive to a SCSI command set.
`
`14.
`
`(new) The ADGPD of claim 2, wherein the at least one parameter is not
`
`consistent with the true nature of the ADGPD.
`
`15.
`
`(new) The ADGPD of claim 2, wherein the at least one parameter does not
`
`indicate that the ADGPD processor is involved in the data generation process.
`
`16.
`
`(new) The ADGPD of claim 2, wherein the at least one parameter is consistent
`
`with the ADGPD being an input/output device customary in a host device.
`
`17.
`
`(new) The ADGPD of claim 16, wherein the at least one parameter is consistent
`
`with the ADGPD being a hard disk drive.
`
`18.
`
`(new) The ADGPD of claim 2, wherein the ADGPD comprises at least a portion
`
`of a medical device.
`
`19.
`
`(new) The ADGPD of claim 2, wherein the ADGPD comprises at least a portion
`
`of a data acquisition system.
`
`20.
`
`(new) The ADGPD of claim 2, wherein the i/0 port comprises a parallel port.
`
`21.
`
`(new) The ADGPD of claim 2, wherein the i/o port comprises a SCSI connector.
`
`
`
`Application No. 1 l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 3 l 436/43995
`
`22.
`
`(new) The ADGPD of claim 2, wherein the i/o port is designed to be operatively
`
`coupled to a cable.
`
`23.
`
`(new) The ADGPD of claim 2, wherein the data storage memory comprises a
`
`semiconductor based memory.
`
`24.
`
`(new) The ADGPD of claim 2, wherein the ADGPD includes a flexible interface.
`
`25.
`
`(new) The ADGPD of claim 2, wherein the ADGPD includes a universal
`
`interface.
`
`26.
`
`(new) The ADGPD of claim 2, wherein the ADGPD includes a stand—alone
`
`interface device.
`
`27.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor and the program
`
`memory are configured to be involved with the automatic recognition process as a response to a
`
`SCSI inquiry command.
`
`28.
`
`(new) The ADGPD of claim 2, wherein the ADGPD processor is adapted to
`
`execute the at least one instruction set to thereby directly cause the at least one parameter
`
`regarding the ADGPD to be automatically sent to the PC.
`
`29.
`
`(new) A combination comprising the ADGPD of claim 2 and a PC.
`
`30.
`
`(new) An analog data generating and processing device (ADGPD) for use with a
`
`personal computer (PC) having a multi-purpose interface (MP1) and at least one software driver,
`
`the ADGPD comprising:
`
`an i/o port designed to be operatively coupled to an MP1 of a PC;
`
`a program memory;
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`a data storage memory; and
`
`ADGPD processor means, operatively coupled to the i/o port, the program
`
`memory and the data storage memory, for both being involved in a data generation process by
`
`which at least one file of digitized analog data is stored in the data storage memory and for being
`
`involved in an automatic recognition process in which, after the i/o port has been operatively
`
`coupled to the MP1 of the PC, at least one instruction set stored in the program memory is
`
`executed to thereby cause at least one parameter regarding the ADGPD’s ability to transfer files
`
`of digital data in response to commands issued from the at least one software driver to be
`
`automatically sent through the i/o port and to the MP1 of the PC without any type of user
`
`intervention at any time by means of the PC.
`
`31.
`
`(new) The ADGPD of claim 30, wherein the at least one parameter is consistent
`
`with the ADGPD being a mass storage device.
`
`32.
`
`(new) The ADGPD of claim 31,
`
`wherein the ADGPD processor and the program memory are configured to cause,
`
`after the at least one parameter has been sent to the i/o port, file allocation table information to be
`
`sent to the i/o port,
`
`wherein the ADGPD processor and the program memory are configured to cause
`
`a virtual boot sequence to be sent to the i/o port which includes at least information that is
`
`representative of a number of sectors of a storage disk, and
`
`wherein the file allocation table information includes at least a start location of a
`
`file allocation table.
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 3 l436/43995
`
`33.
`
`(new) The ADGPD of claim 32, wherein the at least one parameter is consistent
`
`with the ADGPD being adapted to operate in a manner consistent with a hard disk drive.
`
`34.
`
`(new) The ADGPD of claim 30, wherein the ADGPD processor comprises a
`
`single microprocessor.
`
`35.
`
`(new) The ADGPD of claim 30, wherein the program memory comprises a single
`
`memory device.
`
`36.
`
`(new) The ADGPD of claim 30, wherein the at least one parameter does not
`
`indicate that the ADGPD processor is involved in the data generation process.
`
`37.
`
`(new) The ADGPD of claim 30, wherein the at least one parameter is consistent
`
`with the ADGPD being an input/output device customary in a host device.
`
`38.
`
`(new) The ADGPD of claim 37, wherein the at least one parameter is consistent
`
`with the ADGPD being a hard disk drive.
`
`39.
`
`(new) The ADGPD of claim 30, wherein the ADGPD comprises at least a
`
`portion of a medical device.
`
`40.
`
`(new) The ADGPD of claim 30, wherein the ADGPD comprises at least a portion
`
`of a data acquisition system.
`
`41.
`
`(new) The ADGPD of claim 30, wherein the i/0 port comprises a parallel port.
`
`42.
`
`(new) The ADGPD of claim 30, wherein the i/o port comprises a SCSI
`
`connector.
`
`43.
`
`(new) The ADGPD of claim 30, wherein the i/o port is designed to be operatively
`
`coupled to a cable.
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`44.
`
`(new) The ADGPD of claim 30, wherein the data storage memory comprises a
`
`semiconductor based memory.
`
`45.
`
`(new) The ADGPD of claim 30, wherein the ADGPD includes a flexible
`
`interface.
`
`46.
`
`(new) The ADGPD of claim 30, wherein the ADGPD includes a universal
`
`interface.
`
`47.
`
`(new) The ADGPD of claim 30, wherein the ADGPD includes a stand—alone
`
`interface device.
`
`48.
`
`(new) The ADGPD of claim 30, wherein the ADGPD processor means and the
`
`program memory are configured to be involved with the automatic recognition process as a
`
`response to a SCSI inquiry command.
`
`49.
`
`(new) A combination comprising the ADGPD of claim 30 and a PC.
`
`50.
`
`(new) An analog data generating and processing device (ADGPD) for use with a
`
`personal computer (PC) having a multi—purpose interface (MP1) and at least one software driver,
`
`the ADGPD comprising:
`
`an i/o port designed to be operatively coupled to an MP1 of a PC;
`
`a memory; and
`
`an ADGPD processor operatively coupled to the i/o port and the memory, the
`
`ADGPD processor being adapted (a) to be involved in a process by which at least one file of
`
`digitized analog data is generated and then stored in the memory and (b) to, after the i/o port has
`
`been operatively coupled to the MP1 of the PC, execute at least one instruction set stored in the
`
`
`
`Application No. l 1/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`memory and thereby cause at least one parameter regarding the ADGPD’s ability to transfer files
`
`of digital data in response to commands issued from the at least one software driver to be
`
`automatically sent through the i/o port and to the MP1 of the PC without any type of user
`
`intervention at any time by means of the PC.
`
`51.
`
`(new) The ADGPD of claim 50, wherein the at least one parameter is consistent
`
`with the ADGPD being a mass storage device.
`
`52.
`
`(new) The ADGPD of claim 51,
`
`wherein the ADGPD processor and the memory are configured to cause, after the
`
`at least one parameter has been sent to the i/o port, file allocation table information to be sent to
`
`the i/o port,
`
`wherein the ADGPD processor and the memory are configured to cause a virtual
`
`boot sequence to be sent to the i/o port which includes at least information that is representative
`
`of a number of sectors of a storage disk, and
`
`wherein the file allocation table information includes at least a start location of a
`
`file allocation table.
`
`53.
`
`(new) The ADGPD of claim 52, wherein the at least one parameter is consistent
`
`with the ADGPD being adapted to operate in a manner consistent with a hard disk drive.
`
`54.
`
`(new) The ADGPD of claim 50, wherein the ADGPD processor comprises a
`
`single microprocessor.
`
`55.
`
`(new) The ADGPD of claim 50, wherein the at least one parameter does not
`
`indicate that the ADGPD processor is involved in the process by which at least one file of
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`digitized analog data is generated and stored in the memory.
`
`56.
`
`(new) The ADGPD of claim 50, wherein the at least one parameter is consistent
`
`with the ADGPD being an input/output device customary in a host device.
`
`57.
`
`(new) The ADGPD of claim 56, wherein the at least one parameter is consistent
`
`with the ADGPD being a hard disk drive.
`
`58.
`
`(new) The ADGPD of claim 50, wherein the ADGPD comprises at least a
`
`portion of a medical device.
`
`59.
`
`(new) The ADGPD of claim 50, wherein the ADGPD comprises at least a portion
`
`of a data acquisition system.
`
`60.
`
`(new) The ADGPD of claim 50, wherein the i/0 port comprises a parallel port.
`
`61.
`
`(new) The ADGPD of claim 50, wherein the i/o port comprises a SCSI
`
`connector.
`
`62.
`
`(new) The ADGPD of claim 50, wherein the i/0 port is designed to be operatively
`
`coupled to a cable.
`
`63.
`
`(new) The ADGPD of claim 50, wherein the memory comprises a
`
`semiconductor based memory.
`
`64.
`
`(new) The ADGPD of claim 50, wherein the ADGPD includes a flexible
`
`interface.
`
`65.
`
`(new) The ADGPD of claim 50, wherein the ADGPD includes a universal
`
`interface.
`
`66.
`
`(new) The ADGPD of claim 50, wherein the ADGPD includes a stand-alone
`
`l0
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`interface device.
`
`Docket No; 31436/43995
`
`67.
`
`(new) The ADGPD of claim 50, wherein the ADGPD processor and the program
`
`memory are configured to execute the at least one instruction set as a response to a SCSI inquiry
`
`command.
`
`68.
`
`(new) A combination comprising the ADGPD of claim 50 and a PC.
`
`11
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`REMARKS
`
`Please enter this preliminary amendment prior to the examination of the above—referenced
`
`application. Claim 1 has been cancelled, and new claims 2-68 have been inserted in its place.
`
`When considering the patentability of the new claims, the Examiner is respectfully
`
`requested to consider only the remarks and amendments made in this Preliminary Amendment as
`
`well as the remarks made at the February 4”’ personal interview or in any interview that takes
`
`place after this document is filed. Please disregard everything else. The Examiner also is
`
`respectfully requested to review all of the references of record when considering the
`
`patentability of the new claims.
`
`All of the claims recited herein claim a multi-use automatic processor that is involved in
`
`a process by which at least one file of digitized analog data is generated and then stored in a
`
`memory. The multi~use automatic processor also is adapted to, after the i/o port has been
`
`operatively coupled to the MP1 of the PC, execute program steps to thereby cause at least one
`
`parameter regarding the ADGPD to be automatically sent to the MP1 of the PC without any user
`
`intervention at any time by means of the PC. When the at least one parameter is received and
`
`processed by the PC, the PC selects, for file transfer purposes, at least one software driver
`
`already present in the PC when it was initially purchased by an end user from a commercial PC
`
`seller or PC manufacturer. One advantage of the invention is that, for example, a PCS file
`
`manager routine can be used to transfer files of digitized analog data from the memory of the
`
`ADGPD to the PC without requiring an end user to, for example, load software onto the PC at
`
`any time.
`
`l2
`
`
`
`Application No. 11/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`Exemplary structure that corresponds to the multi-use automatic processor feature of the
`
`new claims is shown, for example, in Figure 2 of the instant application as DSP 1300. The new
`
`claims cover but are not limited to this structure. The new claims also cover, for example, an
`
`“ADGPD processor” that is formed by a cluster of two or more single processors that are formed
`
`in the same or physically separate chips, with each processor being formed by a digital signal
`
`processor or any other type of microprocessor, and with each processor having a single CPU and
`
`a single program memory.
`
`The Hashimoto patent does not teach or suggest the multi—use automatic processor claim
`
`feature for a number of different reasons. While the new claims require the execution of
`
`program steps by an “on-board” processor to cause a signal to be sent before the PC is
`
`immediately ready to transfer files, it is impossible for the Hashimoto camera to send such a
`
`signal because the signal level conversion box prevents this until the PC indicates that it is
`
`immediately ready for file transfer by sending the DTR signal to the camera (see col. 12, line 47
`
`— col. 13, line 14). Moreover, and in direct contrast to the new claims, Hashimoto’s camera
`
`requires user-loaded software because the patent states that the camera is automatically
`
`controlled by means of white balance, zoom and other technically complex information (see col.
`
`7, lines 51-62). For these reasons alone, the new claims should be found to be patentable over
`
`Hashimoto by itself.
`
`Like Hashimoto, the Smith patent also does not teach or suggest the multi-use automatic
`
`processor feature of the new claims that, for example, does not require user-loaded software to
`
`transfer files of digitized analog data from the ADGPD to the PC. While Figure 2 of Smith
`
`13
`
`
`
`Application No. l l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 31436/43995
`
`makes a reference to “load device drivers,” there is no direct indication in Smith as to the origin
`
`of the drivers. The PNP specification incorporated by reference into Smith indicates that the
`
`drivers are user—loaded by stating in its abstract that a “user interface” is required for the
`
`“installation of device drivers.” Such user-loaded software is the antithesis of the multi-use
`
`automatic processor feature of the new claims.
`
`Like Hashimoto and Smith, the Kerigan patent also does not teach or suggest the multi-
`
`use automatic processor feature of the new claims. One of the references of record is an article
`
`dated April 15, l996 entitled “Photograph Goes From The Dark Room To The Desktop.” This
`
`article describes the Canon Powershot 600 camera as having Plug and Play support, as being
`
`compatible with Microsoft Windows 95, and requiring user—loaded software such as a Twain
`
`driver. At col. 4, lines 5-1 1 , the Smith patent characterizes the Windows 95 operating system
`
`with which the Canon Powershot 600 camera can be used as “employing PNP technology” to
`
`“support the PNP standard.” This information leads to the conclusion that the Kerigan camera
`
`also must require the use of user—loaded software, which is the antithesis of the multi-use
`
`automatic processor feature of the new claims.
`
`Like Hashimoto, Smith and Kerigan, the Shinohara patent also does not disclose, teach or
`
`suggest the multi-use automatic processor feature of the new claims that requires, inter alia, the
`
`execution of at least one instruction set to cause a signal to be sent to the MP1 of a PC. In
`
`contrast to this subject matter, Shinohara discloses a memory card that responds to simple read
`
`and write commands sent to it from a PCS card services program. Unlike the claimed invention,
`
`Shinohara involves no “on—board” processing. For this reason, for example, the new claims
`
`14
`
`
`
`Application No. 1 l/928,283
`Preliminary Amendment
`February 9, 2009
`
`Docket No.: 3 l436/43995
`
`should be found to be patentable over a purported combination of Hashimoto, Smith, Kerigan
`
`and Shinohara.
`
`It is respectfully submitted that any purported combination of the references of record
`
`does not teach or suggest at least the muZti—use automatic processor claim feature of the new
`
`claims for a number of different reasons. As such, the new claims should be found to be
`
`patentable and, therefore, in condition for allowance. A formal notice to that effect is earnestly
`
`solicited.
`
`Dated: February 9, 2009
`
`Respectfully sgibmitted,
`.
`:
`
`/if
`
`
`.c
`glmon
`X
`Regi/’istriatioiiIi’iNo.: 37,435
`MARSHALL, GERSTEIN & BORUN LLP
`
`233 S. Wacker Drive, Suite 6300
`Sears Tower
`
`Chicago, Illinois 60606-6357
`Telephone (312) 423-3450
`Facsimile (312) 474-0448
`E—mail jsalmon@marshallip.com
`Attorney for Applicant
`
`15